California Notary Public ExamJuratsMedium
A Notary Public is presented with a document for a jurat. The signer has already signed the document prior to appearing before the Notary. What is the Notary Public's immediate action?
- ARefuse to perform the jurat, as the document is already signed.
- BCross out the existing signature and have the signer initial the cross-out before signing again.
- CRequire the signer to re-sign the document in the Notary's presence after the oath/affirmation.
- DAdminister the oath/affirmation and then notarize the pre-signed document.
Show answer & explanationAnswer & explanation
Correct answer: C. Require the signer to re-sign the document in the Notary's presence after the oath/affirmation.
For a jurat, the signer must sign the document in the Notary Public's presence AFTER taking the oath or affirmation. If the document is already signed, the Notary must require the signer to re-sign it in their presence after the oath has been administered.
Why the other options are wrong
- A. The Notary can still perform the jurat by having the signer re-sign.
- B. Crossing out an existing signature is generally not recommended; a fresh signature after the oath is the correct procedure.
- D. The signature for a jurat must occur after the oath and in the Notary's presence.
Jurat - Signature Timing
For a jurat, the signer's signature must be affixed to the document in the Notary Public's presence, and crucially, it must occur AFTER the Notary has administered the oath or affirmation.
- Signature must be in Notary's presence.
- Signature must occur after the oath/affirmation.
- If pre-signed, signer must re-sign after oath.
Memory trick: Oath first, then sign, that's the jurat's design!